Ridley Township, pursuant to the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended,[1] hereby establishes this chapter which may be cited as
the "Ridley Township Subdivision and Land Development Ordinance."
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
All subdivision or land development of any lot, tract
or parcel of land including new street, sanitary or storm sewer, water
main or other improvement intended to be dedicated for public use
or intended for the common use of occupants or tenants of buildings
abutting thereon, shall comply with this chapter. A resubdivision
shall be considered the same as a new subdivision herein.
B.
This chapter shall also apply to previously approved
subdivisions when the required improvements and other approved aspects
of the subdivision in accordance with the terms of such approval have
not been carried out within one year of such approval.
A.
The Ridley Township Planning Commission is hereby
designated by the Township Board of Commissioners as the agency which
shall review and make recommendations on all preapplication plans
and data and preliminary plats as required herein prior to action
on same by the Board of Commissioners.
[Amended 8-28-1996 by Ord. No. 1750]
B.
The Ridley Township Planning Commission is further
designated as the agency which shall review and make recommendations
on all final plats as required herein, prior to action on same by
the governing body.
C.
The municipal office is designated as the place of
submission of all plats required herein.
D.
Those specifications establishing, regulating or relating
to the details of construction of improvements, such as streets, curbs,
sidewalks, and any other facilities or improvements, which are duly
adopted by the governing body, are designated as the engineering specifications
for the purpose of this chapter.
The purpose of this chapter is to provide for
harmonious development of the Township and county by:
A.
Ensuring the orderly and efficient integration of
subdivision into the development of Ridley Township.
B.
Ensuring sites suitable for building purposes and
human habitation.
C.
Ensuring conformance of subdivision plan with public
improvements plans.
D.
Ensuring coordination of intermunicipal public improvement
plans and programs.
E.
Ensuring the protection of water resources and drainageways.
F.
Ensuring the efficient movement of traffic.
G.
Ensuring equitable handling of all subdivision plans
by providing uniform standards and procedures.
H.
Ensuring the greater health, safety, and welfare of
the citizens of Ridley Township.
I.
Ensuring the efficient and orderly extension of community
services and facilities at minimum cost and maximum convenience.
[Amended 8-28-1996 by Ord. No. 1750]
Applications for review of subdivision and land
development within Ridley Township shall be forwarded by the Township
to the Delaware County Planning Commission for review and report,
together with a fee sufficient to cover the costs of the review and
report which shall be paid by the applicant; provided that the Township
shall not approve such application until the county report is received,
or until the expiration of 30 days from the date the application was
forwarded to the county.
A.
No subdivision or land development of any lot, tract,
or parcel of land located in Ridley Township shall be effected, and
no street, sanitary sewer, storm sewer, water main, or other facilities
in connection therewith shall be laid out for the common use of occupants
of buildings thereon, unless and until a final subdivision plat has
been approved by the governing body and publicly recorded in the manner
prescribed herein, nor otherwise except in strict accordance with
the provisions of this chapter.
B.
No lot in a subdivision may be sold; no permit to
erect or any building upon land in a subdivision or land development
may be issued; and no building may be erected or altered in a subdivision
or land development unless and until a final subdivision plat has
been approved by the governing body and recorded, and until construction
of the improvements required in connection therewith has been guaranteed
in the manner prescribed herein.
C.
Unit or condominium subdivision of real property is
included within the meaning of the subdivision as defined herein and
must comply with the subdivision regulations. Such compliance shall
include, but not be limited to, the filing of preliminary and final
plats, the dedication and improvement of rights-of-way, roads and
streets, and payment of fees and charges as established by the governing
body.
(1)
Preliminary and final plats shall indicate the location
of each structure and clearly define each unit and shall indicate
public easements, common areas, and improvements, all easements appurtenant
to each unit and improvement to public right-of-way.
D.
No earth moving activity, such as grading, excavating or filling of land, soil, rock or otherwise, shall be conducted on any land in the Township for any purpose until an earth moving activity plan, described in §§ 268-43 and 268-52 herein, has been approved by the Commission.
(1)
These requirements shall not apply to normal tilling
of the soil or agricultural land use activities.
(2)
These requirements shall not apply to separate individual
lot development of single-family detached dwellings, provided that
all earth moving activities and final reseeding and other permanent
erosion control measures will be completed within 180 days, and that
no erosion or drainage problems originating from said activities are
detected on adjoining property, streams or streets.
E.
Any lot, tract or parcel of land on which it is proposed
to locate a structure or use which is for multifamily dwelling, commercial,
manufacturing or other nonresidential purposes shall be platted in
accordance with the requirements herein for site development plats.
F.
Any land development or subdivision as herein defined
shall be properly platted and subject to municipal approval as herein
provided.
G.
All lands held in contiguous single ownership, or
as may come to be so held, whether before or after the adoption of
these regulations, shall be platted at such time as any portion of
such ownership is proposed for land development or subdivision.
H.
For this purpose, contiguity shall continue across
any right-of-way or easement, although any portions separated by an
existing public street may be designated as separate development tracts
on an initial plat, and subsequently separately proposed for development.
I.
Each such single ownership or development tract, as
defined immediately above, shall be platted to propose its layout
in entirety, except as follows:
(1)
Parcels held under separate deeds may be conveyed
or transferred in whole, provided such parcels are in conformity with
the minimum lot areas and dimensions of the zoning district in which
located.
(2)
Any parcel of land which is, or comes to be, part
of a single contiguous ownership as herein defined, and which is not
in accordance with the minimum area and dimensions of the zoning district
in which located, shall be incorporated in a plat of resubdivision
which proposes new parcels in accordance with the minimum requirements.
J.
Layout of a portion of the single ownership or development
tract may be proposed, provided as follows:
(1)
The remainder of the single ownership or tract shall
be platted and sketched to show the topography, other natural features,
existing structures and such other information as may be pertinent
in assuring that future layout of the remainder can be accomplished
in accordance with Township standards and good practice.
(2)
Layout of the portion proposed for immediate development
shall adequately provide for access to the remaining land.
K.
Final plats for sections of such proposed partial
developments may be submitted as provided herein.
In interpreting and applying the provisions
of this chapter, they shall be held to be minimum requirements for
the promotion of public health, safety, comfort, convenience, and
general welfare. Where provisions of this chapter impose greater restrictions
than those of other ordinances, this chapter shall be controlling.
Where the provisions of a statute, resolution, regulation, or other
ordinance imposes greater restrictions than this chapter, the provisions
of such statute, resolution, regulation, or other ordinance shall
be controlling.
